GA Bar Civil Procedure 2

Question 1

Under Georgia's Civil Practice Act (O.C.G.A. § 9-11-12(a)), how many days does a defendant have to file an answer after service of the summons and complaint?

Accepted Answer

30 days

Answer

20 days

Answer

45 days

Answer

60 days

Question 2

Under the Erie doctrine established in Erie Railroad Co. v. Tompkins, when sitting in diversity, federal courts must apply:

Accepted Answer

State substantive law but federal procedural rules

Answer

Federal common law for all substantive and procedural issues

Answer

The law of the state where the federal court is located for all issues without exception

Answer

Federal law whenever it conflicts with state law on any issue presented

Question 3

Under FRCP Rule 26(a)(1), which of the following must be included in mandatory initial disclosures without a discovery request?

Accepted Answer

The name, address, and telephone number of each individual likely to have discoverable information that the party may use to support its claims or defenses

Answer

Copies of every document in the disclosing party's possession potentially relevant to the case

Answer

A complete statement of the disclosing party's litigation strategy and legal theories

Answer

Finalized expert witness reports prepared before the disclosure deadline

Question 4

Federal supplemental jurisdiction under 28 U.S.C. § 1367 allows a federal court to hear state law claims that:

Accepted Answer

Arise from a common nucleus of operative fact with claims over which the court has original jurisdiction

Answer

Have an amount in controversy independently exceeding $75,000

Answer

Both parties agree should be consolidated and heard in federal court

Answer

Would independently satisfy federal question jurisdiction under 28 U.S.C. § 1331

Question 5

Under Georgia's doctrine of res judicata, a second lawsuit is barred when:

Accepted Answer

A court has rendered a valid final judgment on the merits of the same claim between the same parties or their privies

Answer

The second lawsuit involves similar but not identical facts to the first lawsuit

Answer

The parties have previously litigated any dispute in any forum or jurisdiction

Answer

The first court had subject matter jurisdiction over the same general subject area as the second action

Question 6

Under FRCP Rule 23(a), which of the following is NOT a prerequisite for maintaining a class action?

Accepted Answer

Unanimity — all class members must consent to class treatment

Answer

Numerosity — the class is so numerous that joinder of all members is impracticable

Answer

Commonality — questions of law or fact are common to the class

Answer

Adequacy — the representative parties will fairly and adequately protect the interests of the class

Question 7

Georgia's Long Arm Statute (O.C.G.A. § 9-10-91) permits a Georgia court to exercise personal jurisdiction over a nonresident defendant who:

Accepted Answer

Transacts any business within Georgia or commits a tortious act or omission within Georgia

Answer

Has ever visited Georgia for any business or personal purpose

Answer

Is a resident of any state that shares a geographic border with Georgia

Answer

Has signed a contract that is to be performed entirely outside the state of Georgia